Markham v. United States Department of the Army

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 JOHN W. MARKHAM, CASE NO. 3:25-cv-05212-BHS 11 Plaintiff, v. ORDER TO SHOW CAUSE UNITED STATES DEPARTMENT OF 13 THE ARMY, et al., 14 Defendants.

15 The District Court has referred Plaintiff John W. Markham’s pending Application to Proceed In Forma Pauperis (“IFP”) and Proposed Complaint to United States Magistrate Judge Grady J. Leupold pursuant to Amended General Order 05-25. On March 13, 2025, Plaintiff filed a Proposed Complaint and IFP Application, that is, to proceed without paying the filing fee for a civil case. See Dkts. 1, 1-1; 4, 4-1.

20 Standard for Granting Application for IFP. The district court may permit indigent litigants to proceed IFP upon completion of a proper affidavit of indigency. See 28 U.S.C. §1915(a). However, the court has broad discretion in denying an application to proceed IFP.

23 Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963).

1 Plaintiff’s Application to Proceed IFP. Plaintiff states that he is currently employed with a net monthly salary of $1,500.00. Dkt. 4 at 1. In the past twelve months, Plaintiff has also received $8,000.00 additional income from rent, interest or dividends. Id. Plaintiff has no cash on hand, but $29,000.00 in a checking account and $6,000.00 in a savings account. Id. at 2. He owns property, including a home with his sister and a vehicle, with a total value of $190,000.00.

6 Id. His monthly expenses amount to $1,900.00. Id. 7 Because it appears that Plaintiff may have funds sufficient to pay the $405.00 filing fee, he should do so or provide the Court with an explanation of why he cannot.

9 Accordingly, it is hereby ORDERED that: 10 • Plaintiff is directed to SHOW CAUSE why his IFP Application should not be denied on or before May 1, 2025. In the alternative, Plaintiff may pay the $405.00 filing fee before that date. Failure to show cause or pay the amount shall be deemed a failure to properly prosecute this matter and the Court will recommend DISMISSAL of this case.

14 • The Clerk of Court is directed to RENOTE Plaintiff’s Application to Proceed IFP (Dkt. 4) for consideration on May 1, 2025.

16 Dated this 1st day of April, 2025.

A 19 Grady J. Leupold United States Magistrate Judge